The EMC directive does not cover any apparatus that was in the market and used in the EEA before the date on which the directive came into force.

Used apparatus imported for third country make available for the first time in the EEA for the purpose of distribution and/or use in the EEA are not considered as used apparatus but as new apparatus and so they must have to comply with the provisions of the EMC Directive.

Application of the EMC Directive to Modified Apparatus. The general principle is that the EMC Directive re-applies only if the modified apparatus is to be considered as-new apparatus.

Second-hand apparatus can be considered as used apparatus, which are supplied to user and may or may not have been modified, refurbished, reconditioned or reconfigured. In order to establish the application of the EMC Directive the following criteria can be applied :

Case 1 : The original apparatus was not CE marked and not in compliance with the EMC Directive

• If, after the modification, the apparatus it does not result in a 'as-new apparatus', the EMC Directive is not mandatory
• If the modified apparatus result in as-new apparatus, it makes sense to request compliance with the EMC Directive. The party responsible for the as-new apparatus is here considered as the manufacturer.

Case 2 : The original apparatus was CE marked, and in compliance with the EMC Directive.

• If after the modification of the apparatus it does not result in a as-new apparatus, the EMC Directive is not mandatory; The modifier must in any case, document what he/she has done, he/she EMC analysis, test carried out if any, and his/her final conclusion. Such documentation will be required in the case of a challenge. The resulting apparatus should bear sufficient information that permits enforcement authorities and end user to know that this is a modified apparatus and to permit traceability of the modifier; the original manufacturer could otherwise be considered responsible for things that he/she has not done.
• If the modified apparatus result in a as-new apparatus, it makes sense to re-apply the EMC-Directive. The party responsible for the as-new apparatus is here considered as the manufacturer

In all cases, if the modified configuration has been already envisage and documented by the original manufacturer and made of his/her assessment of conformity (as EMC confirmed variants or configurations) before it was placed on the market and if the modifier follows strictly the original manufacturer instruction and limitations, the Directive does not need to be re-applied.

In any case whoever produces a as-new apparatus from an original apparatus through an industrial operation that implies a substantial modification in order to obtain identical performance as the new apparatus on the market at the same time assume in full the responsibility of a manufacturer and shall carry out the conformity assessment, EC declaration of conformity and CE marking.